SB 253 Text

Senate Bill No. 253
(By Senators Snyder, Hunter, Jenkins, Oliverio, Rowe, Kessler and Unger)
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[Introduced January 21, 2004; referred to the Committee on Transportation; and then to the Committee on the Judiciary.]
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A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo; and to amend said code by adding thereto a new chapter, designated §17G-1-1, §17G-1-2, §17G-1-3 and §17G-1-4, all relating to all-terrain vehicles generally; authorizing county commissions to regulate or prohibit operation of all-terrain vehicles in housing developments; prohibiting operation of all-terrain vehicles on certain paved roads and highways; allowing all- terrain vehicles to cross paved roads and highways under certain circumstances; allowing operation of all-terrain vehicles on paved roads and highways for the limited purpose of traveling from one trail to another trail under certain circumstances; authorizing limited operation of all-terrain vehicles on paved roads and highways during declared state of emergency; authorizing the division of natural resources to regulate operation of all-terrain vehicles on property within its jurisdiction through legislative rule; authorizing the Hatfield-McCoy recreation area authority to regulate operation of all-terrain vehicles on property within its jurisdiction by legislative rule; authorizing the state rail authority to regulate operation of all-terrain vehicles on property within it jurisdiction by legislative rule; authorizing the governing body of any nonprofit or not-for-profit entity with property used for public recreational purposes to regulate operation on property within its control; authorizing the governing body of any municipality or county commission to regulate operation of all-terrain vehicles on property used for recreational purposes on property owned or operated by the municipality or the county; prohibiting passengers unless the all-terrain vehicle is manufactured for passenger use; requiring use of lights on all-terrain vehicles from sunset to sunrise; requiring certain safety equipment; prohibiting use of an all- terrain vehicle in a careless or reckless manner; authorizing law-enforcement officers to enter private lands in pursuit of all-terrain vehicle operator who has violated the law; allowing local governmental entities to authorize operation of all-terrain vehicles for certain limited purposes; requiring written permission to operate an all-terrain vehicle on the land of another person; requiring all-terrain vehicle rental dealers to provide safety equipment to persons under eighteen years of age and offer safety equipment to adults; providing exemption for agricultural and nonrecreational commercial operation of all-terrain vehicles; and providing for criminal penalty of one hundred dollars for violations of this article.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-1-3oo; and that said code be amended by adding thereto a new chapter, designated §17G-1- 1, §17G-1-2, §17G-1-3 and §17G-1-4, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-3oo. Authority of counties to regulate operation of all- terrain vehicles.

In addition to all other powers now conferred by law upon county commissions, each county commission is hereby authorized to
regulate or prohibit, by lawfully enacted ordinance, the operation of all-terrain vehicles upon any street, road or avenue within a housing development within the county but not within a municipality's corporate limits. The development owner or owners may request in writing that the county commission regulate or prohibit the operation of all-terrain vehicles within the development prior to selling any lot or parcel within the development. Homeowners may, by petition of a majority of the homeowners in the development, request that the county commission regulate or prohibit the operation of all-terrain vehicles within the development. Prior to consideration of an ordinance to regulate or prohibit the operation of all-terrain vehicles in a development, the county commission shall conduct a public hearing on the issue.
CHAPTER 17G. ALL-TERRAIN VEHICLES.
ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.

§17G-1-1. Acts prohibited by operator.

(a) No all-terrain vehicle may be operated in this state:

(1) On any paved road, paved public road or paved highway as defined in section three, article one, chapter seventeen of this code except for the purpose of crossing a paved road, public road or paved highway, if:
(A) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(B) The vehicle is brought to a complete stop before crossing a paved road, public road or paved highway;
(C) The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
(D) Both the headlights and taillights are illuminated when the crossing is made if the vehicle is so equipped.
(2) On any paved road, paved public road or paved highway as defined in section three, article one, chapter seventeen of this code except for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder, if safe to do so, or as close as possible to the right edge of a road, street or highway, other than an interstate highway, four lane or divided road or highway for a distance not to exceed one mile, if:
(A) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(B) If operated at any time from sunset to sunrise, the all- terrain vehicle must be equipped with headlights and taillights which must be illuminated. During daylight hours both the headlights and taillights must be illuminated if the vehicle is so equipped.
(3) On any paved road, paved public road or paved highway except as provided for in this section and as may be reasonablely necessary during a declared state of emergency: Provided, That an all-terrain vehicle may never be operated on an interstate highway by anyone other than public safety personnel responding to emergencies.
(4) On any road, trail or any other lands within boundaries of any state park, state forest or wildlife management area except as may be authorized by the director of the division of natural resources by rule promulgated pursuant to the provisions of article three, chapter twenty-nine-a of this code;
(5) On any road, trail or any other lands within the boundaries of the Hatfield-McCoy Recreation Area, except as may be authorized by rule promulgated pursuant to the provisions of article three, chapter twenty-nine-a of this code by the Hatfield- McCoy Recreation Area Authority;
(6) On any road, trail or any other lands under the jurisdiction of the state rail authority except as may be authorized by the authority by rule promulgated pursuant to the provisions of article three, chapter twenty-nine-a of this code;
(7) On any road, trail or any other lands within the boundaries of land owned by a non-profit or not-for-profit entity used for public recreational purposes except as authorized by the governing board of such entity;
(8) Within the boundaries of any municipal or county owned or operated recreational area except as may be authorized by the municipality's governing body or the county commission;
(9) With any passenger unless the manufacturer has specified that the all-terrain vehicle is designed for and may be safely used by a rider and one or more passengers;
(10) Anytime from sunset to sunrise without an illuminated headlights and taillights;
(11) Without a manufacturer-installed or equivalent spark arrester and muffler in proper working order and properly connected to the vehicle's exhaust system; or
(12) In a careless or reckless manner so as to endanger or cause injury or damage to any person or property.
(b) No provision of this section may be construed to prohibit a municipal, county or state law-enforcement officer from entering upon private lands while in active pursuit of an operator of an all-terrain vehicle who has violated a provision of this section if the violation occurred in the officer's presence.
(c) Notwithstanding any provision of this chapter to the contrary, a municipality, county or other political subdivision of the state may authorize or prohibit the operation of all-terrain vehicles on certain paved roads, streets or alleys to allow participation in parades, exhibitions and other special events, or for specified purposes.
(d) No person may operate an all-terrain vehicle upon the fenced, enclosed or posted property of another person without the written permission of the landowner or authorized agent of the landowner. Each operator while operating an all-terrain vehicle on the land of another person must have the landowner's or his or her authorized agent's written permission in his or her possession.

§17G-1-2. All-terrain vehicle rental dealers required to provide safety equipment.

Any person or entity renting or leasing all-terrain vehicles for recreational purposes must provide protective helmets as defined by the provisions of section forty-four, article fifteen, chapter seventeen-c of this code to all persons using such vehicles who are under the age of eighteen and offer protective helmets to all persons eighteen years of age and older using the rented or leased vehicles: Provided, That for the provisions of this section to be applicable, the users of the all-terrain vehicle must be known to the person or entity providing the rented or leased vehicle.
§17G-1-3. Agricultural and commercial use.
An all-terrain vehicle which is used exclusively for conducting agricultural or non-recreational commercial activities may be operated on or over any road, public road or highway of this state, other than an interstate highway for a distance not to exceed twenty-five miles for the purpose of conducting these activities.
§17G-1-4. Criminal penalties.
In addition to any other legal remedy for violation of civil or criminal provisions of this code, any person not expressly exempted from the requirements of this article who violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars.
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NOTE: The purpose of this bill is to establish ATV safety measures for persons operating and riding ATVs, placing limitations on ATV road use, and granting counties limited authority to regulate their use.

Section 7-1-3oo and chapter 17G are new; therefore, strike- throughs and underscoring have been omitted.

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